ERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has called in question the proceedings in C.C. No.1069/2009 on the file of the J.M.F.C., Shikaripura.

(2.) RESPONDENT No.2 is the father-in-law of Nagarathna, the daughter of petitioner No.1. She had married Ramesh. She had filed the complaint against her husband � Ramesh and respondent No.2 herein, in Crime No.147/2009 on 06/07/2009 before Shiralakoppa Police, Shimoga, for the offences punishable under Sections 323, 354, 498(A) and 504 read with Section 34 of IPC. Police on investigation, filed the chargesheet on 31.08.2009.

(3.) THE complaint filed by Nagarathna, the daughter- in-law of respondent No.2, wherein she hade made allegation of assault and harassment against the complainant � respondent No.2 is now pending in C.C. No.1056/2009 on the file of the JMFC., Shikaripura. Police on investigation, has filed the chargesheet, wherein the petitioners herein are shown as witnesses. To circumvent the said complaint and as an afterthought, respondent No.2 has filed the present complaint alleging that the petitioners, who are witnesses in C.C. No.1056/2009, have assaulted him. However, such allegations were not made by respondent No.2 either in the bail application or before the learned Magistrate when he sought for enlarging him on bail. Further the complaint is not supported by any material. It only shows that as an after thought the present complaint is filed.